Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-03-14
OF the United States sitting in equity ii

buc JUulClHl ulbbrlCt III WHICH tue COLL
mon CARRIER complained Of las it's princi-
pal ofice, or In which the violation or
or disobedienoe Of such order or require
ment shall happen, alleging such viola
ton or d~isobedience, as the case may be;
and the said our shall have power to
hear and determine the matteC on such
short notices to the common carrier
complained oil as the conrt shall deem
reasonable; and such notices may be
served on such common carrier, his or it's
manner as the court shall direof; and
said court shali proceed to hear and
determine shs matter speedily as q court
of equity, and without the formal plead
lngs and proceedings applicable to ordi-
nary suits in equity, but IN such amer
aB to do Justice in the premises; and to
this end such court shaft have power, it.
1T think fit, to direct and prosecute, in
ouch mode and by such persons as 1t
may appoint, ell such inquiries as the
court may think needfnl to enable it to
form q just. Judgment in the matter of
such petition; and on such hearing the
report Of said commission shall be prima
facie evidence of the matters therein
stated.
INJUNCTION.
And il it be made to appear to such
court, on such hearing or on report OF
any such person or persons, chat the
lawful order or requirements Of said
commission drawn In question has been
violated u disoheyed, 1t shall be lawful
for such court to Issue q writ OF lDlunc-
tion or other proper process, mandatory
or otherwise, to restrain such common
carrier from further continuing such
violation or disobedience of such order
or requirement OF said commission,
and enJoining obedience to the same
and in case OF any disobedience or of any
such writ OF injunction or other proper
process, mandatory or otherwise, it shall
be lawful for Hu0h court to issue writs OF
attachment, or any other process of said
court incident or applicable to writs of
Injunction or other proper process, man
datory or otherwise, against such COM
mon carrier, and il q corporation, against
n or more OF the directors, officers or
agents OF the same, or against any owner,
lessee, trustee, receiver, or other person
failing to obey such writ Of Injunction or
other proper process, mandatory or
otherwise; and said court may, if it shall
think fit. make IN order directing such
common carrlss or other person
10 disobeying such writ OF iniunc-
lion or other proper process,
mandatory or otherwise, to pay such
sum of money not exceeding for each
carrier or person in default the sum OF
five hundred dollars for every day after
u day to be named in the order that such
carrier or other person shall fail to obey
suoh injunction or other proper process
mandatory or otherwise; and such
moneys shall be payable as the court
shall direct, either to the party complain.
ing. or into the court to abide the uiti.
mate decision of the court, or into the
treasury; and payment thereof
may, without prejudice to any other
mode of recovering the same, be enforced
by attachment or order in the nature OF
q writ OF execution, In like manner as il
the same had been recovered by a final
decree IN personarn in such court.
APPEAL TO SUPREME COURT
When the subject in dispute shall be
q! ske value II S1,660 or more, either
party to Huch prosecuting before said
court may appeal TO the supreme court
ofthe Dnitei States under the same
SregnlltionH now provided by law in re-
spect of security for such appeal; but
stich appeal shall not operate to stay or
~supersede the order of the court or the
execution Of any writ of process thereon;
aud snch court may in every such mat
ter, order the payment OF such costs and
counsel fees shall be deemed reasonable.
Whenever any such petition shall be
tied or presented by the commission il
shall be the duty of the district
attorney under the direction Of the at
torney general OF the United
States, to proseOnte the same; and the
costs and the expenses OF such precau-
tion shall be paid out of the a~ppropria-
tion for the expenses OF the courts OF
the United States. For the purposes of
this act, excepting it's penal provisions,
the circuit courts of the United States
shall deemed to be always in session.
ooMMIsS1ON-MANNER OF
BUSINESS.
$50, III. That the commission may
conduct its proceedings in such tanner
as Will best eonduce to the proper dis
patch OF business and to the ends OF
iustice. A majority OF the commission
shall constitute aanorum for the trans-
action OF business, but no commissioner
shall participate in any hearing or pro-
ceeding in which he has n pecuniary
interest. Said commission may from
time to time, make or amend such gen.
eral rnles or orders as may be requisite
for the order and regulation of proceed
ings before 1t. including forms Of notices
and b service thereof, winch shell con-
form, as nearly as may be, to those in
use in the courts of the United States.
Any party may appear before said com-
mission and be heard, in person or by
attorney. Every vote and %ofieial act ot
the commission shall be entered of req
ord, andSi to proceedings shall be public
upon the request of either party inter-
ested. Said commission shall have an
official seal which shall be judicially
noticed. Either of tile members of the
commission may administer oaths and
afirmations.
SALARIES, ExpENHEs, ETC.
Sec. Is. That each commissions,
Shall receive an annual salary OF seven
thousand five hundred dollars, payable
IN the same manner as the salaries of
judges OF The courts OF the United States;
The commission shall appoint q score
tary, who shali receive an annual salary
OF three thousand five hundred dollars,
payable in like manner. The oommis-
sion shall have authority to employ and
FIX the compensation OF such other en-
ployes MS 1t may find necessary to the
proper performance III it's duties, subject
to the approval of the secretary of the
interior.
The commission shall be furnished by.
the secretary of the interior with suit
able Offices and all necessary Office snp-|
Plies. Witnesses summoned before the
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